Maryland Senate pass bill to force doctors to commit abortions

A Maryland bill aiming to force doctors to commit or refer for abortions passed the state Senate and is expected to be received favorably by the House Health Committee. Opponents say the bill threatens the conscience rights and religious freedom of medical providers in Maryland and puts patients at risk.

Key Takeaways:

• Maryland Senate Bill 169 would force doctors to commit abortions under the guise of the federal Emergency Medical Treatment and Active Labor Act.

• The bill passed the state Senate and is now being reviewed by the state House.

• Maryland Right to Life noted that "this legislation ... seeks to transform hospital emergency rooms into abortion facilities."

• The group also noted that, if passed, the bill could force good doctors out of the state and put women at risk.

The Details:

According to an email from Maryland Right to Life, Senate Bill 169 and House Bill 372 "would force faith-based hospitals and healthcare professionals to participate in elective abortions, even when doing so violates their deeply held moral or religious beliefs."

It noted, "Under the guise of 'codifying' the federal Emergency Medical Treatment and Active Labor Act (EMTALA), this legislation would enshrine in state law a politically driven interpretation of the 1986 law that seeks to transform hospital emergency rooms into abortion facilities. EMTALA was enacted to ensure patients are not turned away from emergency rooms due to inability to pay. It contains a duty to both a pregnant woman and her unborn child and never mentions abortion."

Maryland Right to Life said that the bill raises legal concerns, specifically, that forcing medical professionals to participate in abortion violates their First Amendment right to free exercise of religion and Title VIII of the Civil Rights Act of 1964, which requires reasonable accomodations be made for a person's religious beliefs.

Abortion proponents erroneously argue that induced abortion — the direct and intentional killing of a preborn child — is medically necessary when a woman faces a medical emergency, or her baby faces a prenatal diagnosis. This is, of course, untrue. If the mother's health or life is in danger and the baby must be delivered, the doctor does not have to intentionally kill the baby through abortion. Rather, the doctor can deliver him or her and work to save both mother and child. Preterm delivery in a medical emergency to save the mother's life is not considered an abortion.

There are no laws in any US state that prevent proper medical intervention from being carried out when a pregnant mother's life is at risk. Forcing doctors to participate in abortions is completely unnecessary.

In addition, Maryland Right to Life pointed out that, if approved, the bill would "enable the abortion industry and abortion drug manufacturers to be grossly negligent and endanger their female patients with little to no accountability." In other words, when women are sold the abortion pill, they are instructed to go to the emergency room when they suffer complications (as many as 11% will), but to lie and say they are miscarrying. Emergency room staff then must attempt to help women who have been injured and neglected by abortionists, based on misinformation. Abortionists are passing on their responsibility and forcing emergency rooms to become abortuaries. The burden of care would be passed to emergency room physicians to complete induced abortions or provide emergency interventions for women injured as a result of substandard care at the hands of abortionists.

"This bill makes evident that the deregulation of abortion drugs has created a medical crisis for women," stated Laura Bogley, J.D., Executive Director of Maryland Right to Life. "The volume of women suffering from botched abortions is overwhelming emergency rooms, which in Maryland, already have the longest wait times in the nation."

If a healthcare professional or a hospital conscientiously objects to participating in abortions, SB 169 and HB 372 would impose civil penalties against them, including fines of $50,000 per violation and exclusion from participation in the Maryland Medical Assistance Program, which allows Medicaid reimbursements.

"This bill will result in a new government-created loss of valuable highly trained and experienced emergency department physicians, nurses, providers and staff," stated Dr. James Kelly, representing the Association of American Physicians and Surgeons. "The legislation will increase the already existing severe shortages of qualified medical staff and will decrease access to emergency medical care, and endanger the health and safety of patients seeking emergency medical care."

The Bottom Line:

According to a January 2026 Marist Poll, 63% of Americans believe healthcare professionals should not be forced to participate in abortions if they have moral or religious objections. Yet, this bill would do exactly that.

"Instead of helping patients," explained Maryland Right to Life, "the legislation puts public health at risk by penalizing Maryland’s faith-based hospitals to the point of closure and driving qualified doctors, nurses, and other healthcare professionals out of the state or out of the medical field altogether. This could further exacerbate existing shortages in obstetric and prenatal care for women and their children."